18 May, 2021
It is reported that the new 64 page guide on how to run your own whiplash claim is "Hopelessly complicated"
The government are about to introduce some changes severely restricting the right to claim compensation for Road traffic whiplash, fixing the compensation payable to £240 for a three-month injury rising to £4,215 for 24 months. At the same time the small claims limit will be increased to £5,000, which means legal costs will not be recoverable.
Claimants will have to navigate the system on their own if they do not want to pay lawyers to run their claim. Some may say the reforms are long overdue. Only time will tell as to how well this new process will work in practice. Innocent motorists who suffer injuries and have time off work and suffer other losses may find the process somewhat daunting. Whilst they are still at liberty to instruct their own solicitor, they will not be able to recover their costs, unless they can justify the value of their claim being an excess of £5,000 for their injuries. Forbes Solicitors will operate a fixed fee scheme for £800 inclusive of VAT. Those costs will be payable out of the damages unless the claim escapes the new rules either because the injury is more serious or involves a vulnerable road user, a pedestrian accident compensation claim, child injury claim, cycling accident compensation claim, motorcycle accident compensation claim or horse riding accident compensation claim. In these cases, costs will be recoverable. The only payment will be a 15 % success fee applicable to past losses, not future losses.
The new rules do not apply to work or public liability claims such as trip, slips or falls where costs are generally recoverable.
If you have been involved in an accident and have suffered an injury, please call the team for free no obligation on advice on whether you can make a claim.
For more information contact John Bennett in our Personal Injury department via email or phone on 01254 872111. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
Learn more about our Personal Injury department here